tion of the Legislature: 1. General prin-
ciples, bicameral system with parity of
powers, ii 59; 2. Sources from which the
legislature proceeds, i 59 ff.; A. Com-
mons: qua'ifications of electors gener-
ally, in 59. in English counties, ii 60; in
Scotch counties, ii 60; in Irish counties.
ii 60; qualifications of non-owners of an
estate or interest in realty, ii 61; dis-
qualifications of electors, ii 62; criti-
cism of this system, ii 62; B. Lords, ii
63, 111; (a) inheritance, English peers,
ii 63; (b) election, Scotch peers, ii 63;
Irish peers, ii 63; (c) appointment to a
peerage of Great Britain, or to an ex-
tinct Irish peerage, ii 64; Lords of Ap-
peal in Ordinary, ii 64; (d) ecclesiastical
office, ii 64; credentials of members of
Commons House passed on by Queen's
Bench Division, ii 65, 114; of members
of House of Lords by the house itself,
except in case of an old peerage, ii 65;
3. Principle of representation, ii 65 ff.;
A. Commons: original principle, ii 65;
principle since 1832, ii 65; principle of
the Act of 1885, ii 66; modifications and
exceptions, 11 66; representation is un-
instructed, ii 67; resignation of mem-
bers, ii 67; B. Lords, ii 67, 115; number
of the peers of Great Britain only is un-
limited, i 67 ff.; are uninstructed, ii
68; resignation, ii 68; 4. Qualifications
of members: A. Commons, ii 69; dis-
qualifications, ii 69; B. Lords, ii 70;
5. Rights and privileges of members:
A. Commons, (a) immunity from ar-
rest, ii 70, 121; (b) privilege of freedom
of speech and debate, ii 71; B. Lords,
(a) immunity from arrest, 71, 121;
(b) privilege of freedom of speech and
debate, ii 71; (c) privilege of access
to the throne, ii 72; 6. Summons, ad-
journment, prorogation, and dissolution,
ii 72 ff., 123, 202; by the crown acting
under the advice of the Prime Minis-
ter, ii 72; statutory triennial meetings,
ii 72; self-adjournment by each house,
ii 72; dissolution by limitation, ii 73;
and by the ministry, ii 73, 213; 7. Quo-
rum fixed by rules of each house, ii
73, 125, 215; 8. Internal organization:
A. Commons, elects their speaker, ii 74;

B. Lords, Lord Chancellor is the cus-
tomary speaker, ii 74; C. both houses,
each makes its own rules of procedure
and discipline, ii 74; may commit an
outsider for contempt, ii 74; 9. Mode of
legislation: (A) initiation : (a) of a pub-
lic non-money bill in either house, ii 75;
exceptions, ii 75; (b) of a money bill in
the House of Commons only, ii 75, 128;
(c) of a private bill in House of Com-
mons, ii 76; (B) passage, ii 76; money
bills are not subject to modification, ii
76; C. formal approval by the Crown, ii
76; Powers of the Legislature, ii 131 ff.;
may legislate upon any subject, ii 131.
Organization of the Executive. The
Crown: I. Tenure, ii 185; is constitu-
tional, i 186; comparative study, i
307 ff.; II. Law of succession, ii 186 ff.;
is house-law, ii 187; lineal primogenial
descent with full right of representation,
ii 187; law of marriage, ii 188; com-
parison with German law of succession,
ii 310; III. Qualifications of the wearer,
ii 189; effect of marriage to a Paptist,
ii 190; IV. Regency, ii 190 ff.; Crown
may constitute one, ii 190 ff., 312; case
of death of King without issue, leaving
a pregnant widow, ii 191; absence of the
wearer of the Crown, ii 192; V. Char
acter and privileges, ii 192 ff.; (a) ex
emption from accountability, ii 192;
criticism thereof, ii 193; (b) exemp-
tion from operation of prescription and
statutory limitation, ii 194; limitation of
the assertion of property rights, ii 194;
(c) immaculateness, ii 194; compara-
tive study, ii 311 ff.; doubtful whether
these privileges are enjoyed by the
Regent, i 194; VI. Duties, ii 196 ff.;
expressed in coronation oath, ii 196;
exist before coronation, ii 196; power
of courts, Parliament, and House of
Commons to interpret the royal duty,
ii 197; VII. Powers of the Executive, ii
198 ff.; dual character of the Crown as
executive and general residuary govern-
ment, ii 198; definition of its powers as
general residuary government, ii 199;
comparative study, ii 317 ff.; compre-
hends legislative, ordinance, judicial, ii
199; and executive power, ii 200; which
are constitutional, ii 200; i.e. protected
by the absolute veto power, ii 200 ff.;
classification of these powers, ii 201;
I. entire control of foreign affairs, ii 202;
limitation in case the Crown come to a
person not a native, ii 202; these powers

are constitutional, ii 202; 2. legislation,
ii 202; veto power of the Crown, ii 203;
3. military power of the Crown, ii 203;
includes sole command of the army and
navy, ii 203; power to proclaim martial
law in the British state, ii 204; is constitu-
tional, ii 205; 4. in civil administration,

205 ff.; includes power of appoint-
ment and removal, ii 205; limitations
thereon, ii 205; the Crown the source of
all honor and dignity, ii 206; possesses
limited power to grant private corporate
franchises, ii 207; the regulation of pub-
lic markets and coining of money, ii 207;
these powers are constitutional, ii 207;
5. over the Established Church, ii 207;
(a) to appoint the chief dignitaries, ii
207; (b) over the meeting and pro-
ceedings of convocation and diocesan
synods, ii 207; are statutory, ii 207 ff.;
6. judicial powers, ii 208 ff.; vested in a
committee of the Privy Council, ii 208;
power of pardon, commutation, and re-
mission of fines and forfeitures, ii 208 ff.;
VIII. Organs through which the Crown
acts, ii 209 ff.; the council and the cabi-
net, 209; definitions of the cabinet, ii
209 ff.; I. history of the council and the
cabinet, ii 210 ff.; 2. composition of the
cabinet, ii 213; 3. powers of the cabinet,
ii 213 ff.; tenure, ii 214; responsibility
to the newly elected House of Commons,
ii 214; is the immediate representative
of the state, 215. Constitutional Fu-
diciary, ii 338 ff.; test to distinguish a
constitutional from a statutory court, ii
338; application thereof to the English
judiciary, 338, 346. I. The Judicial
Committee of the Privy Council: 1. Ten-
ure, ii 339; organization, ii 339; iden-
tity of its personnel with that of the
House of Lords organized as an Ap-
pellate Court, ii 339, 342; 2. Jurisdic-
tion, (a) appellate, ii 340; (b) original,
ii 340; (c) residuary judicial powers, ii
340. II. The House of Lords as a Ju-
dicial Body; identity of its personnel
as an appellate court with that of the
Judicial Committee of the Privy Coun-
cil, ii 339, 341; 1. Organization, ii 341;
2. Procedure as a criminal court for the
trial of peers, ii 342; jurisdiction, ii 343;
Court of the Lord High Steward, ii 343;
3. Procedure as a court of impeah-
ment, i 343; 4. Procedure as highest
court of appeals, ii 344; jurisdiction, ii
355; comparative study, ii 356, 363,
364.

Greece, ethnology of its population, i 24;
police power in, i 214.

Greeks, their power of political organiza-
tion, i 4; ethnology, i 15; national politi-
cal character, i 31; effect of the latter on
political history, i 31, 32; lack of political
consciousness, i 32; political organiza-
tion by foreigners necessary, i 33.
Grévy, President (F.), ii 26.
Guelphs (E.), why they continue to hold
the kingship, ii 309.

Habeas Corpus, i 187; suspended (1861),
i 247; doctrine of Milligan Case, i 248
ff.; suspended by both President and
Congress, ii 156.

Hamburg, i 116; specific rights under the
Constitution, i 162.

Hamilton, discovers defect in Articles of
Confederation, i 101; makes use of the
Annapolis Convention to cure the de-
fect, i 103; his proposition to call a
convention to consider the situation of
the United States, i 103; secures its
passage by the Congress, i 104.

Hänel, views on the exemption of Olden-
burg, i 162.

Hanover, i 116; absorption by Prussia, i
116.

Hegel's doctrine of the end of the state,
i 84; examined, i 85.

Hempholme Manor, Stewardship of, in-
compatible with membership of House
of Commons, ii 67.

Hereditary government, ii 9; classifica-
tion, ii 9, 10; modification of this classi-
fication, i 10; primogeniture in the
male line the most successful principle,
ii 10; tendency of modern politics to
depart from, ii 37.

Hereditary tenure of the Executive. See
Executive.

Hesse, a party to the pactum confraterni-
tatis 1457, (P.), ii 266.

Hesse-Darmstadt, joins the North Ger-
man Union, i 116.

Hesse, Electoral, is absorbed by Prussia,
i 116.

Hesse, south of the Main, does not join

the North German Union, i 118; enters
the Union, i 119; in the Bundesrath, i
156.

High Commission, Court of (E.). See
Court of High Commission.
"High Seas" (U. S.), defined, ii 133.
Hildebrand, i 63.

Historical Constitution, i 91.

Historical theory of the origin of the
State, i 59; not opposed to the doctrine

of the divine origin, i 62; not easily
reconciled with the social compact the-
ory, i 62; human nature its basis, i 63.
Hoar, Senator (U. S.), holds that the re-
jected electoral vote of a Commonwealth
must be deducted from the whole num-
ber of electoral votes in calculating the
majority necessary for a choice of Presi-
dent and Vice-President, ii 234, 236;
admits defects of the statute regulating
the manner of counting the electoral
vote, ii 237.

Hohenzollerns (G.), why they continue to
hold the Imperial office, ii 309.
Holstein, i 113.

House-law, term defined, ii 187; of the
Crown of Great Britain, ii 187.
Humanity, the principle of the unity of
the state, i 56.

Hungarian, ethnology, i 17.

Hurtado v. California, doctrine of, i 212.
Iberian peninsula, i 6; ethnology of its
population, i 13; political divisions, i 22.
Idea of the state, Part I, Bk. II, Cap. I,
i 49-58.

Idiocracy, so-called, i 75.
Ihering, Von, i 35.

Immediate government, ii 1; must be un-
limited, ii 1; and despotic in theory, ii
2; may be monarchic, aristocratic, or
democratic, ii 2; seldom actually oc-
curs, ii 2.

Immigration, restriction of, i 43.
Immunity defined, i 185; in the Consti-
tution of the United States, i 185 ff.;

may be attacked from two sides, i 205.
"Impair" (U. S.), term defined, i 235.
Impeachment of President (U. S.), Effect
of resignation upon threatened im-
peachment, ii 247 (see Senate (U. S.)
Judicial Powers).

Impeachment (E.), has fallen into desue-
tude, ii 344, 357.

Independence, Declaration of (U. S.), its
nature, i 100.

Indian (American), i 19, 29; cannot be-
come a citizen except by way of natu-
ralization, i 223; tribes, intercourse with,
i 232.

Indictment by Grand Jury (U. S.), i 187.
Individual liberty. See Liberty, indi-
vidual.

Initiation of legislation by the Executive

(U. S.), ii 254; rendered nugatory by
the absence of executive organs in Con-
gress, ii 254; (E.), ii 203; (G.), does
not exist, ii 278; power of the Emperor
as Prussian King, ii 279; (F.), ii 296 ff.

Insanity, a temporary qualification for
holding royal office (E.), ii 189.
Insolvency laws (U. S.), ii 146.
Instruction of members of the Legisla-
ture (U. S.), ii 50; (E.), ii 67; (G.),
ii 81, 180; (F.), ii 98; general princi-
ples, ii 116.

Insult of members of legislature (G.), ii
83, 122.

Interior, Secretary of (U. S.), when he
shall act as President, ii 240.
International law, regarded by some pub-
licists as the postulates of a world-con-
sciousness, i 54; the state the inter-
preter of, i 54.

Interpretation of Constitution and law by
the President (U. S.), ii 258; Jacksonian
doctrine, ii 258.

Interregnum (E.), ii 189, 196; (U. S.), ii
237.

Interstate Commerce. See Commerce.
Ireland, proposed Gladstonian "statutory
Parliament," so-called, i 140.
Iron gate, i 10.

Italian peninsula, i 7; as a geographic
unity, 17; ethnology of the Italian, i 14;
ethnologic unity of the inhabitants of,
i 15; as a political division, i 23; why
a national state not formed earlier, i 23.
(See Latin Race.)

Jackson, President (U. S.), his doctrine
of ultimate interpretation of the Consti-
tution by each department for itself, ii
258.

Jacobinism, defined, i 128; introduces the
piébiscite into France, i 128.

Jade (G.), an imperial harbor, ii 177.
Jellinek, understands difference between
State and government, i 57.
Judicial office (U. S.), race, color, etc.,
not a disqualification for holding, ii
217 ff.; argument for election as origin
of the tenure, ii 322; tenure, ii 322, 362;
term, ii 323; tenure (G.), ii 284, 362;
(F.), ii 298, 363; (E.), ii 363.
Judiciary, Constitution of, Part II, Bk. III,
Division IV, ii 320 ff. (for the judiciary
of the various countries, see Judiciary
(E.), (F.), (G.), (U. S.); comparative
study, ii 356 ff.: I. Judicial power of the
Upper House of the legislature, ii 356 ff.;
II. Constitutional position of the judici-
ary over against the other departments
of government, ii 361 ff.; reason for the
pre-eminent position of the American
judiciary, ii 365.

Judiciary (E.), is statutory, with the ex-

ception of the House of Lords and the

Judicial Committee of the Privy Coun-
cil, ii 338.

Judiciary (F.), is mainly statutory, ii 352;
the Senate is a constitutional court, ii
352; 1. Organization, ii 352; 2. Juris-
diction over the President and ministry,
ii 352; 3. Jurisdiction over "Attempts
against the security of the State," ii 354,
363 4. Is exclusive only for trial of
President, ii 355; comparative study, ii
360, 363, 364.

Judiciary (G.), the creature of the legis-
lature, i 180, ii 347; the Bundesrath the
only constitutional court, ii 347; Juris-
diction: 1. To settle political conflicts
between Commonwealths, ii 347; 2.
Within Commonwealths by friendly in-
termediation, ii 349; 3. May intercede
with a Commonwealth which denies or
delays justice, ii 350; implied power of
supervising the administration of jus-
tice, ii 351; 4. Shall determine when a
Commonwealth fails in its duties to the
Empire, 357.

Judiciary (U. S.), Commonwealth, when
their interpretation of local law is final,
ii 328. Federal, the guardian of indi-
vidual liberty, i 178, 179; limitation of
its jurisdiction, i 186; may revise the
domain of the police power as fixed
by the Commonwealths, i 216 ff.; es-
sential qualities of its personnel, i 217;
with exception of the Supreme Court
is subject to Congress, ii 156, 321; of-
fice may not be abolished during good
behavior of incumbent, ii 157, 362; not
equally independent with other depart-
ments, ii 321, 361 ff.; tenure,
ii 322;
term, ii 323; impeachment, ii 323, 362;
salary, ii 324; jurisdiction is based
upon: 1. Subject-matter of the contro-
versy, ii 325; 2. Character of parties to
the suit, i 325; reason for conferring
these powers, ii 326; circumstances
under which the judicial interpretation
of the Constitution is ultimate, ii 326 ff.;
when jurisdiction is based upon the
character of parties to the suit the ju-
diciary claim no right of independent
interpretation of the law, 328; limi-

tations on judicial procedure, i 186 ff.,
ii 330; imposed by XI Amendment,
i 240 ff., ii 330 ff.; statutory courts in
the territories, ii 332; comparison with
judiciary of other governments, ii 357 ff.,
361 ff.; reason for its pre-eminent posi-
tion, ii 365; The Senate as a Court of
Impeachment (see Senate U. S. judicial

powers). Supreme Court, created by
the Constitution, ii 157, 320; but not the
judgeships thereof, ii 157; Congress reg-
ulates appeals and removal of causes,
ii 158, 331; depends upon the will of
the legislature, ii 321; original jurisdic-
tion, ii 328; appellate jurisdiction, ii 329.
Julius Cæsar, i 105; description of the
Germanic State, i 245.

Jury, Grand (U. S.), i 187.

Jury, Petit, i 187, 188; trial by, in civil
actions, i 200; exclusion from service on
account of race, color, etc., prohibited,
i 217.

Jus sanguinis, i 223.
Jus soli, i 223.

Kentucky resolutions (U. S.), i 190.
Kiel (G.), imperial harbor, ii 171.
King, mediæval, contrasted with media-
val Emperor, i 109.

King (E.), may be overcome by the
House of Commons when acting as
constitutional convention, i 97.

King (P.). See Prussia, King of.
Kingship, in the theocracy, i 65; despot-
ism, i 66; popular state, i 66.
Laboulaye, interpretation of the power
of the President to wage defensive war
(F.), ii 293.

Laband (G.), understands difference be-
tween State and government, i 57; view
of Austro-Prussian War of 1866, i 122;
view of the Commonwealth rights, i 160;
on the extra-territoriality of members of
the Federal Council, ii 83; on the power
of the legislature to hold secret sittings,
ii 86; theory that the Emperor may re-
fuse to transmit the resolutions of the
Federal Council to the Diet, ii 90; main-
tains that the Federal Council alone is
the legislature, ii 91; division of the or-
dinance power, ii 178, 179; theory con-
cerning the power of the Emperor to
promulgate laws, ii 280, 281; opinion
concerning the oath of the Prussian
King, ii 268; holds that Prussian Re-
gent is ipso jure Imperial Regent, ii 274.
Land, title to, is derived from the State,
i 47.

Landfrieden (G.), 1495, i III.
Landsturm (G.), ii 177.

Land-tax (U. S.), a direct tax, i 199.
Landwehr (G.), ii 176.

Lapps, effect of their presence in the
Scandinavian Peninsula, i 24.

Latin Race, its political genius, i 35, 36;
universal empire, its work, i 35 (see
Italian Peninsula).

Law, in opposition to fact-the result
thereof, i 164.

Law, private, regulation of, in Germany
by Imperial legislation, ii 172; history
of private law in Germany, ii 182 ff.;
unity thereof in U. S., ii 182.
Lawyers (U.S.), influence in the political
system, ii 365, 366.

League of the South (F.), 1870, i 132.
"Le mort saisit le vif," a principle of
succession, ii 189; in the constitutional
law of Great Britain, ii 189.
Lebon (F.), on the subjects which the
National Assembly may consider, i 169;
holds that the legislative session con-
tinues during the session of the National
Assembly, i 171; on the promulgation
of laws by the President, ii 297, 298; de-
fines "crime," ii 303; on the power of
the Senate, as a court to try ministers,

ii 304.

Legislature, Constitution of, Part II, Bk.
III, Division II, 41-185 (see France,
German Empire, Great Britain, and
United States, passim, for the consti-
tution of the legislature of these coun-
tries); general principles of legislative
organization, ii 106 ff.; 1. Bicameral
system with substantial parity of powers,
ii 106; cause for the adoption of this
system, ii 106; occasion, ii 108; differ-
ence in term of mandate of the two
houses, ii 108; larger powers of lower
house in financial legislation, ii 109; oc-
casion therefor, ii 109; incongruity of the
principle at present, ii 109; 2. Sources
from which the legislature proceeds,
ii 110; general principles in mode of
electing lower house, ii 110; of choos-
ing upper house, ii 111; determination
of disputed elections, ii 114; 3. Prin-
ciples of representation: population is
principle of the lower house, ii 114;
representation of local governmental
organization is principle of the upper
house, ii 114; criticism of this principle,
ii 115; the principle of uninstructed rep-
resentation, ii 116; 4. Qualifications and
disqualifications of members, i 117;
presence of officials in the legislature,
ii 117; of the heads of executive de-
partments, ii 118; does not necessarily
lead to parliamentary government, ii
119; 5. Rights and privileges of mem-
bers, ii 119; right to a salary, ii 119; ex-
pediency thereof, ii 120; freedom from
arrest, i 121; liberty of speech and
debate, ii 122; against insult, ii 122;

6. Power over assembly, adjournment,
prorogation and dissolution, ii 123 ff.;
7. Principle of the Quorum, ii 124 ff.;
general principle, ii 124; exception in
the case of Parliament (E.) and the Fed-
eral Council (G.), ii 125; reasons there-
for, ii 125 ff.; 8. The principles of internal
organization and procedure, ii 126 ff.;
limitations on the principle of self-or-
ganization, ii 126; 9. Mode of legislation,
ii 127 ff.; initiation of financial legisla-
tion, ii 127; reason for confining finan-
cial legislation to the House of Com-
mons in the English legislature, ii 128;
relics of confederatism in the German
system, ii 128; the French principle that
a majority of the house must vote for a
proposition in order to pass it, ii 129 ff.;
executive participation in legislation, ii
129; enumeration of powers that the
central legislature should possess in a
federal government, ii 184.
Legislature, Commonwealth (see United
States passim), an organ for amending
the Constitution, i 144; no system of
procedure elaborated, i 146, 147; ques-
tionable whether it may withdraw its
ratification of a proposed amendment
to the Constitution, 149; alter the
amendment, i 149; or ratify condition-
ally, i 149, 150; is empowered to decide
manner of choosing presidential elec-
tors, ii 216 ff.; is regarded as the ordi-
nary organization of the people of a
Commonwealth, ii 219.

Legion of Honor (F.), president is grand
master, 292.

Letters of marque and reprisal (U. S.),
ii 133.

"Levying war" (U. S.), defined, i 148.
Libel, law of (U. S.), in territories and
District of Columbia, i 191.

Liberty, individual; in the universal em-
pire, i 36; in the national State, i 38, 174;
is founded on sovereignty, i 52, 55, 56;
in the feudal State, i 56, 175; in the ab-
solute monarchy, i 56, 175; among the
Germans, possessed little organizing
force, i 61; liberty and government the
ultimate end of the State, i 86; and the
means for accomplishing its results, i
87; does not exist outside the State,
i88; occupies a less important position
in the British Constitution than it should,
i 140; Part II, Bk. II, i 174-262; indi-
vidual liberty defined, i 174; the product
of the modern state, i 174; its history,
i 174, 175; springs from the State, i 175: